The Short Answer

Not usually. In Florida, a quitclaim deed from the surviving spouse can only convey whatever interest the spouse actually owns—so it often does not “clear title” by itself when the property passed through intestate succession (no will) and the heirs’ interests were never formally established in the county records.

Whether the spouse’s quitclaim is enough depends on how title was held, whether the property is protected homestead, and whether a Florida probate or court order is needed to confirm who the heirs are.

What Florida Law Says

When someone dies without a will, Florida law determines who inherits and in what shares. The surviving spouse’s share can be the entire intestate estate in some family situations, or only a portion in others. That matters because a quitclaim deed cannot transfer interests that belong to other heirs (like children), and it cannot fix gaps in the chain of title if the decedent’s interest was never properly transferred of record.

The Statute

The primary law governing this issue is Fla. Stat.  732.102.

This statute establishes that the surviving spouse’s intestate share depends on whether the decedent left descendants and whether those descendants are also descendants of the surviving spouse (in some cases the spouse takes all; in others, the spouse takes one-half).

Why You Should Speak with an Attorney

Even when a surviving spouse is willing to sign a quitclaim deed, applying Florida’s inheritance rules to real estate title is rarely simple. Legal outcomes often depend on:

• Strict Deadlines: If the property is (or may be) Florida homestead, the surviving spouse’s election to take a one-half tenant-in-common interest instead of a life estate must generally be made within 6 months of death under Fla. Stat.  732.401. Missing that window can change what the spouse can convey.
• Burden of Proof: Title companies and future buyers typically want record evidence of who inherited (not just family agreement). If the parent died owning Florida real estate in their sole name, you often need a Florida probate order (or other court determination) to establish the heirs’ interests in the public records.
• Exceptions: How the deed was titled controls a lot—e.g., tenancy by the entireties or survivorship ownership can bypass intestate succession, while co-owned parcels can require additional analysis of each co-owner’s share and whether any deceased co-owner’s interest also needs probate.

In your fact pattern (two parcels, one solely owned and one co-owned, out-of-state probate for a different property, and a spouse who remains on the deed), a quitclaim deed from the spouse may still leave unresolved questions about the decedent’s interest and the heirs’ shares—creating a cloud on title that can block refinancing, sale, or future transfers.

For more background, you may find these helpful: inheritance rights to family property in Florida and how a title search helps confirm heirs and clear ownership.

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Disclaimer: This article provides general information under Florida law and does not create an attorney-client relationship. Laws change frequently. For legal advice specific to your situation, please consult with a licensed attorney.